Passenger Death on a Cruise Ship
The Ehline Law firm is experienced in assisting families, spouses and dependent relatives of tourists who have been fatally injured or lost at sea, or on land. When there has been a demise of a loved one considering a wrongful death lawsuit is a means of recovering damages for loss of a wage earner, love and affection. The family or spouse that has lost a mom, dad, grandma, grandpa, or sibling, has suffered one of the darkest chapters in their lives. Ehline Law Firm PC is and experienced attorney in wrongful death claims; the family can now begin to heal from their loss.
Fatalities Caused By Negligence and the Jones Act
Ehline Law, can assist in you in evaluating what legal options are best to pursue when you are ready to discuss the killing of a loved one on the high seas. The Jones Act may apply for the person that suffered a death at sea; the damages that can be recovered depend on many factors. The statute allows in some cases for the spouse, parents or children to the mariner’s Jones Act rights in recovering damages.
Death on the High Seas Act
The Death on the High Seas Act does not allow recovery of non-pecuniary damages from the employer like the loss of companionship or consortium for a death that occurred outside the territorial waters of the United States. The death that occurs within the territorial waters of the United States has more inclusive damages that can be recovered for a wrongful death. When the claim can establish an alleged case against the vessel owner rather than the employer for a vessel that is not sea worthy. The death occurring in the United States territorial waters can include damages for loss of society or consortium and this can make a difference in the amount of recovery.
There are other types of wrongful death claims that do not involve working seamen and these depending on the circumstances can include longshore or terminal workers, passenger cruises, ferry accidents and fatal boating accidents that can fall under these laws.
There are some fresh water accident cases that can be handled under the federal maritime law, such as a jet ski fatality. There are determining factors, whether these types of accidents fall under the scope of this law or whether the claim should be filed under the state wrongful death statute. This takes the experience of a maritime wrongful death attorney to collect the evidence and make the proper case.
Seaman Death At Sea Claims
The Jones Act helps to protect merchant mariners and working seamen in recovering damages, and other recovery for unfortunate mishaps and illness, while employed by the owners of a sea vessel. When this occurs, and more information about the advantages of the Jones Act in required, contacting Ehline Law Firm PC is the first step in assisting the crew.
The Jones Act protects seamen, providing them with the benefits that a land based employee would have when injured. These land based employees have worker’s compensation, temporary or permanent disability after an accident or negligence on the job. Seamen have the Jones Act protecting them to provide damages for negligence on the owner’s part, the master or even fellow crewmembers. This protection also applies if the sea vessel is found to be unseaworthy and an injury occurred, this is a grounds for liability against the owner.
There are certain conditions that are considered negligent:
- The owner failing to properly hire, train or staff the ship.
- Lack of proper equipment, including protective clothing, equipment and gear for the job to be done.
- Not enforcing safety practices, or removing safety parts on machinery.
- Lack of proper maintenance on the vessel or the equipment.
- Working in dangerous weather conditions including heavy seas.
A vessel that is not sea worthy can include:
- Slippery surfaces or un-maintained decks, gangways and passageways.
- Work that is dangerous, or overwork and excessive lifting.
- A ship that is under manned or an untrained crew.
- Wires, cables and lines that are improperly stored.
- Rails, hulls and bulkheads that are not properly maintained or loose.
- Emergency response equipment and life boats that are not maintained.
- Insufficient life boats for the amount of crewmembers.
The mariner’s attorneys at the Ehline Law firm PC, have the experience to understand the complex laws that provide protection for the seamen fatally injured, or passenger who was hurt. They are also experienced in cases that occur onboard ship and this will involve laws from the Jones Act for an extermination of a life on the high seas. This includes the Death on the High Seas Act.
Ehline Law Firm PC is aggressive in handling these type of cases, they are able to take the facts from the client or their family of the incident and use their experience and knowledge to build a case and strategy. This will enable them to recover the damages the injured seamen or their bereaving family deserves under the law.